Should Triple Talaq be abolished?

Triple Talaq is a provision in Islamic personal law that allows men to divorce their wives by saying Talaq three times. According to Quran, there should be a certain time gap among three stages of Talaq. But this provision is grossly misused and some men are giving instant divorce to their wives by saying talaq thrice even in the absence of their wives.

These days some men are using electronic medium to give talaq by sms, phone etc. This caused widespread protests by Muslim women and women organizations to ban Triple Talaq.

Yes :-

Triple Talaq violates fundamental rights such as Right to equality, right to non-discrimination and right to live with dignity. Because this provision is available only for men and not women.

Women are subjected to live in fear of being unilaterally divorced by their husbands. This violates right to live with dignity.

Article 25 (iii) of Indian constitution mentions that freedom of religion should upheld public order and morality. Triple Talaq doesn’t satisfy this condition because it is against to morality.

According to Article 25 (ii) of Indian constitution, supreme court can intervene in personal laws and make laws if the need arises. Act banning untouchability is an example of this.

In several cases, Supreme court upheld that if freedom of religion and fundamental right comes into conflict, fundamental right will prevail.

All personal laws should follow and respect constitution first.

Triple Talaq does not follow Quranic guidelines of discussion, arbitration to settle the disputes, witnesses to divorce, specified time period to reconcile or even a genuine attempt to resolve differences.

The rule of “Nikha halala” in Islamic personal laws mentions that talaq is irrevocable. If the wife wants to marry her divorced husband, first she should marry another man and after giving divorce to him, she can marry her first husband. This further humiliates women and is against to her right to live with dignity.

Triple Talaq doesn’t mention about the alimony that wife should get and the rights of children.

Triple talaq should happen in three stages with time gaps. this allows time for reconciliation and arbitration. As instant divorce is misuse of triple talaq, banning the provision itself is not the solution.

It is the part of their faith and personal laws can’t be challenged. Article 25 (i) of Indian constitution provides freedom of religion.

Though Triple talaq doesn’t mention about financial settlement after divorce, there is ‘Muslim Women’s Act‘, 1986, which allows fair and reasonable settlement after divorce.

In India, it takes years to get a divorce and most of the marital laws are in favor of women. If a woman is not willing to give divorce, it is almost impossible for man to prove that the relationship is abusive and deteriorating. But if a woman want a divorce from an abusive husband, law makes it easy for her to give divorce. Triple Talaq is a relief to men that have abusive life partners.

Instant divorce does not follow Quranic guidelines of discussion, arbitration to settle the disputes, witnesses to divorce, specified time period to reconcile or even a genuine attempt to resolve differences. This gross misuse of personal laws in the name of freedom of religion should be condemned.

Afterwords :- Do you support the ban on Triple Talaq? Express your opinion in the comment section below.

Ban on triple talaq is not a solution. In fact it must be amended. Rather than just giving right to men to give divorce to their wives, this right should also be equally given to women also, as this will surely help the married couples to get divorce fast as compare to our indian system.

India has history of uprooting evil practices in the name of religion. Triple Talaq is one among them. We should broad mindedly welcome the decision of court over this. It will be for the good of our society as a whole.